Occupational Asthma Claims

Claims for occupational asthma compensation are commonplace with a predicted 2 million workers in the UK at risk of developing the condition. If you have been impacted by occupational asthma, you may be entitled to make a compensation claim. Talk to us about occupational asthma claims, we are here to help you claim the compensation that you deserve.

What Causes Occupational Asthma?

Asthma and breathing problems can be caused by various harmful particles in many different working environments.

These harmful contaminants include:

• dust
• cleaning liquids and sprays
• welding fumes
• various gases
• flour and grain
• latex

There are some common working environments where people can become afflicted with occupational asthma. The employees who work in these environments may be able to make occupational asthma claims for compensation. They include:

• Those working with hospital cleaning agents on a regular basis
• Those working with paint fumes or adhesives e.g. paint manufacturing or in a factory using polyurethane paints
• Papermill employees
• Carpenters and joiner

Asthma UK reports that workplaces with a high risk for occupational asthma include:

• Bakeries, flour mills and kitchens
• Hospitals and other healthcare settings
• Pet shops, zoos, and animal laboratories
• Farms and agricultural workplaces
• Car manufacture and repair workshops
• Woodwork and carpentry workshops
• Electronics and assembly industries
• Engineering and metalwork workplaces
• Hairdressing salons
• Indoor swimming pools

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Your employer’s responsibility

Employers have a responsibility to remove or prohibit access to material or equipment that produces hazardous substances. They must also provide protective clothing and equipment, including items like extractor fans that will keep the air cleaner.

Regarding harmful substances specifically, there is the Control of Substance Hazardous to Health Regulations in place for employees to adhere to.

These regulations are specific to preventing diseases and illnesses caused by dangerous materials in the workplace. Your employer must adopt the required protocol for ensuring risks are minimised and/or prevented where possible.

Failure to adhere to health and safety laws means that your employer could be liable to pay compensation if you have developed occupational asthma as a result of their inability to protect you.

Statistics show that almost half of asthma sufferers have to change their job or have significant time off work due to their illness. If you have had to take time away from your job, you will be entitled to claim for the loss of earnings you have experienced. You will also be able to claim compensation for expenses paid out and the pain and suffering you have gone through.

A successful occupational asthma claim

In order to be successful in your claim, certain facts will need to be established at the outset, including:

• Evidence that there are harmful fumes or dust contaminating the air in the place where you work
• That these harmful sensitising agents have caused your asthma
• That your asthma is related to where you work
• That your condition did not originate from a source external to work

It can take from 6 months to develop occupational asthma, although in rare cases, some symptoms don’t emerge for 20 years. In most claim cases where there is a late onset of the condition, it is usually a result of where someone used to work.

Sufferers of asthma may find it useful to get advice from Asthma UK and the NHS.

Calculating Compensation For Asthma

Asthma is a very broad condition that covers many areas. It can be very severe and dictate almost every aspect of your life, on the other hand, it may be something that is controllable, allowing you to maintain a good standard of life.

Compensation amounts are largely based on the severity of the condition so if you are asking the question: how much compensation for asthma? It is worth bearing that in mind.

Compensation for asthma

Level of asthma	Potential compensation
Mild asthma which has been treated by a GP and is resolved within a few months	upto £4,390
Relatively mild asthma	£9,080 – £16,380
Bronchitis with wheezing but with a good chance of recovery	£16,380 – £22,440
Chronic asthma with substantial breathing difficulties, the occasional need for an inhaler and an unclear picture of the future	£22,440 – £36,700
Disabling asthma with significant sleep problems an inability to participate in most types of physical activity and limited chances of employment	£36,740 – £56,100

All personal injury cases are unique and so the amount of compensation that is awarded in each case is also unique. The amount of compensation that is awarded is determined by looking at two distinct factors – general damages and special damages.

GENERAL DAMAGES

The pain and suffering that your injuries have caused is the main factor that is used to determine how much compensation you are owed.

SPECIAL DAMAGES

However, compensation also takes into account any financial losses that you might have suffered as a result of your injuries, such as a loss of earnings due to being unable to return to work.

CONTACT JEFFERIES TODAY

To learn more and to discuss your potential claim in confidence, contact our team on 0333 358 3034. Alternatively, complete our online contact form to arrange an initial no-obligation telephone consultation with a member of our expert team.